Recognise ‘this leave’ as a woman’s right

• The election manifesto of the Dravida Munnetra Kazhagam (DMK), has made a promise that it will insist the Union government to enact a law providing menstrual leave to women to instill gender equality.

Earlier initiative:

• ‘Right to Menstrual Hygiene and Paid Leave Bill, 2019’, was introduced as a Private member Bill in parliament
  • It sought to bring menstrual leave into the ambit of the rights of a woman.
  • It also sought to impose a penalty for refusal.
• Ninong Ering, introduced a private member Bill on menstrual leave in 2017 (the Menstruation Benefit Bill, 2017).
• This was followed by Shashi Tharoor, Congress MP from Kerala, introducing a similar Bill named The Women’s Sexual, Reproductive and Menstrual Rights Bill, 2018.
• Hibi Eden, Congress MP from Kerala, also introduced a private member Bill titled The Right to Women to Menstrual Leave and Free Access to Menstrual Health Products Bill, 2022.
• The Supreme Court of India in 2023, refused to entertain a public interest litigation in Shailendra Mani Tripathi vs Union of India which sought direction to the state on menstrual leave;
  • It was of the opinion that it is in the policy domain of the government.

Progressive examples:

• History shows us that some States were ahead of the times.
• Kerala in the 19th Century was the first (in then Cochin State) to recognise the need for period leave for students and allowed it during examinations in 1912.
  • Kerala, in January 2023, introduced menstrual and maternity leave to all students above the age of 18.
• Bihar, in 1992, allowed government employees two-day menstrual leave.
• Many Asian countries have also ended the prejudices and stereotypes around menstruation using legislation.
  • For instance, Japan, Indonesia, South Korea, Taiwan and Vietnam have introduced paid menstrual leave.
  • However compared to western countries this progress is still abysmal.
• Several international organisations like ILO, WHO have promoted menstrual leave as a women’s right.
• However, India’s new code on Social Security, 2020, passed by Parliament, which consolidated existing labour laws (yet to be notified), has not included the aspect of menstrual leave in its code.
• Women labourers in the sugarcane fields of Maharashtra and agricultural labourers in Telangana have been documented to have hysterectomies as menstrual-related absences could endanger their livelihoods.

Way forward:

• Policy solutions to gender inequalities will not only ensure equity but also bring new social change.
• Shattering taboos and creating a gender-sensitive world that is open to issues which are hitherto considered to be clandestine by conservative-gendered social standards.
• Recognition of the issue by political parties will be a major step to promote women’s rights and gender equality.
• Mahatma Gandhi National Rural Employment Guarantee Act and laws governing industrial labour and other establishments must recognise menstrual leave the way gig worker platforms such as Swiggy and Zomato have done.